COVID-19 excuse for another 18 month delay

Despite this, 26 deputies surprised the country this week by asking for another extension.

They want to delay marriage equality for ‘a minimum of 18 months’ after the COVID-19 pandemic.

The legislators argue that the coronavirus crisis has taken up their focus, meaning they haven’t had enough enough time to prepare for same-sex marriage.

However their delaying tactics look set to fail.

The lawmakers come from the Social Christian Unity Party, New Republic Bloc, National Restoration Party and some of the National Liberation Party. But they do not hold a majority in the Legislative Assembly.

‘Congress cannot interfere with the judiciary in any way, so equal marriage will be a reality at the end of the established term.’

Furthermore, Costa Rica’s Ombudsman’s Office confirms his view. It said: ‘Same-sex marriage is an unquestionable reality. The legal discussion is a thing of the past; today Costa Rica is obligated to accomplish it.’

Political support for same-sex marriage

Meanwhile LGBT+ groups have warned any step back or delay on the issue would be a new human rights violation. Moreover, they branded the tactics ‘a last minute excuse to stop a decision already made’.

They said the deputies should focus on trying to repair the economy after the pandemic, rather than undermine rights.

Indeed, Costa Rica’s citizens have already settled the debate too.

The Central American country’s April 2018 presidential election became a kind of referendum on marriage equality.

‘The motion that seeks to delay equal marriage was presented behind the back of the citizens, taking advantage of the fact that people cannot demonstrate.

‘It is incredible that in the midst of a pandemic, valuable resources are wasted for a disastrous purpose such as preventing the protection of a right.’

14 more countries covered by court ruling

So it seems same-sex couples Costa Rica will almost certainly have access to marriage from 26 May. They will also win the right to adopt jointly and to adopt each other’s children from previous relationships.

It rules: ‘States must ensure full access to all the mechanisms that exist in their domestic laws, including the right to marriage, to ensure the protection of the rights of families formed by same-sex couples, without discrimination in relation to those that are formed by heterosexual couples.’

Moreover, the court says religious objections cannot trump equality.

The court said at the time: ‘In democratic societies, there should exist mutually peaceful coexistence between the secular and the religious’ with neither interfering with the other.

Of the court’s member countries, only Argentina, Brazil, Colombia, Ecuador and Uruguay already have marriage equality. Costa Rica will bring that number up to six.